British Columbia Gazette Part II — B.C. Reg. 223/2015

B.C. Reg. 223/2015

British Columbia — Gazette

Victoria, British Columbia, Canada

Licence

Disclaimer

Volume 58, No. 23

223/2015

The British Columbia Gazette,

Part II

December 15, 2015

B.C. Reg. 223/2015 , deposited December 3, 2015, under the GUIDE DOG AND SERVICE DOG ACT [sections 11 and 17], GUIDE ANIMAL ACT [section 8], OFFENCE ACT [section 132], EMPLOYMENT AND ASSISTANCE ACT [section 35 (2)], EMPLOYMENT AND ASSISTANCE FOR PERSONS WITH DISABILITIES ACT [section 26 (2)], PUBLIC HEALTH ACT [sections 111 and 115], LEGISLATIVE ASSEMBLY MANAGEMENT COMMITTEE ACT [section 8], MANUFACTURED HOME PARK TENANCY ACT [section 89], PREVENTION OF CRUELTY TO ANIMALS ACT [section 26 (2) (d)] and RESIDENTIAL TENANCY ACT [section 97]. Order in Council 742/2015, approved and ordered December 3, 2015.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective January 18, 2016,

(

a) the Guide Dog and Service Dog Act , S.B.C. 2015, c. 17, is brought into force,

(

b) the Guide Dog and Service Dog Regulation set out in the attached Appendix 1 is made,

(

c) the Guide Animal Regulation, B.C. Reg. 664/74, is repealed,

(

d) the Violation Ticket Administration and Fines Regulation, B.C. Reg. 89/97, is amended as set out in the attached Appendix 2, and

(

e) the regulations set out in the attached Appendix 3 are amended as set out in that Appendix.

— S. ANTON, Attorney General and Minister of Justice ; N. LETNICK, Presiding Member of the Executive Council .

Appendix 1

GUIDE DOG AND SERVICE DOG REGULATION

Contents

Definitions

Part 1 – Issuance and Renewal of Certificates

Issuance of guide dog team certificate or service dog team certificate

Renewal of guide dog team certificate or service dog team certificate

Dog trainer certificate

Dog-in-training certificate

Retired guide or service dog team certificate

Contact information

Guide dog team and service dog team certificates

Dog trainer certificates

Dog-in-training certificates

Retired guide or service dog team certificates

Part 3 – Cancellation of or Refusal to Renew Certificates

Cancellation or refusal to renew

Notice

Definitions

1 In this regulation:

“Act” means the Guide Dog and Service Dog Act ;

“accredited training school” means an organization that provides training programs respecting guide dogs or service dogs and is accredited by one or both of the following organizations:

(

a) Assistance Dogs International;

(

b) International Guide Dog Federation;

“BC guide dog and service dog assessment” means a BC guide dog and service dog assessment that is approved by the registrar and administered by the Justice Institute of British Columbia;

“dog trainer certificate” means a certificate referred to in

section 5 (1) (

c) of the Act;

“dog-in-training certificate” means a certificate referred to in

section 5 (1) (

d) of the Act;

“guide dog team certificate” means a certificate referred to in

section 5 (1) (

a) of the Act;

“retired guide or service dog team certificate” means a certificate referred to in

section 5 (1) (

e) of the Act;

“service dog team certificate” means a certificate referred to in

section 5 (1) (

b) of the Act.

Part 1 – Issuance and Renewal of Certificates

Issuance of guide dog team certificate or service dog team certificate

(1) In this section, “registered veterinarian” means an individual who is authorized under the Veterinarians Act to practise veterinary medicine.

(2) The registrar must not issue a guide dog team certificate or a service dog team certificate unless

(

a) subject to subsection (3), the individual and the dog identified in the certificate have together successfully completed either

(

i) a guide dog or service dog training program, as the case may be, provided by an accredited training school, or

(ii) a BC guide dog and service dog assessment, and

(

b) the dog has been spayed or neutered.

(3) For the purposes of subsection (2) (a),

(

a) subject to subsection (4), a training program referred to in subsection (2) (a) (

i) must be completed not more than 90 days before the date the application for issuance of the certificate is received by the registrar, and

(

b) a BC guide dog and service dog assessment referred to in subsection (2) (a) (ii) must be completed not more than 90 days after the date the application for issuance of the certificate is received by the registrar.

(4) Subsection (3) (

a) does not apply if the individual and the dog referred to in subsection (2) (

a) do not reside in British Columbia.

(5) If an individual and a dog that will be identified in a certificate referred to in subsection (2) have together successfully completed a training program referred to in subsection (2) (a) (i), the application for the issuance of the certificate must include or be accompanied by, in a form satisfactory to the registrar,

(

a) a photograph of the individual, and

(

b) written confirmation from the accredited training school that the individual and the dog together successfully completed the training program.

(6) If an individual and a dog that will be identified in a certificate referred to in subsection (2) have not together successfully completed a training program referred to in subsection (2) (a) (i), the application for the issuance of the certificate must include or be accompanied by, in a form satisfactory to the registrar,

(

a) a photograph of the individual,

(

b) written confirmation from a medical practitioner or a nurse practitioner that the individual is a blind person or a person with a disability, as the case may be, and

(

c) written confirmation from a registered veterinarian that the dog has been spayed or neutered.

(7) Subsection (2) does not apply to the issuance of a certificate under

section 12 (2) (

b) of the Act.

Renewal of guide dog team certificate or service dog team certificate

(1) The registrar must not renew a guide dog team certificate or a service dog team certificate unless, subject to subsection (2), the individual and the dog identified in the certificate have together successfully completed either

(

a) an assessment administered by an accredited training school, or

(

b) a BC guide dog and service dog assessment.

(2) For the purposes of subsection (1), the assessment referred to in that subsection must be completed not more than 90 days before the date the application for renewal of the certificate is received by the registrar.

(3) An application for the renewal of a guide dog team certificate or a service dog team certificate must include or be accompanied by, in a form satisfactory to the registrar,

(

a) a photograph of the individual who will be identified in the certificate, and

(

b) in the case of an individual and a dog that have together successfully completed an assessment referred to in subsection (1) (a), written confirmation from the accredited training school that the individual and the dog together successfully completed the assessment.

(4) Subsection (1) does not apply to the renewal of a certificate referred to in

section 12 (1) (a) (iii) or (b) (iii) of the Act or issued under

section 12 (2) (

b) of the Act.

Dog trainer certificate

(1) The registrar must not issue or renew a dog trainer certificate unless the individual who will be identified in the certificate trains dogs on behalf of an accredited training school for the purpose of the dogs becoming guide dogs or service dogs.

(2) An application for the issuance or renewal of a dog trainer certificate must include or be accompanied by, in a form satisfactory to the registrar,

(

a) a photograph of the individual who will be identified in the certificate, and

(

b) written confirmation from the accredited training school referred to in subsection (1) that the individual meets or continues to meet, as the case may be, the requirement described in that subsection.

Dog-in-training certificate

(1) The registrar must not issue or renew a dog-in-training certificate in respect of a dog unless

(

a) the applicant is an authorized representative of an accredited training school, and

(

b) the dog is being, or will be, trained by a dog trainer on behalf of the accredited training school for the purpose of the dog becoming a guide dog or a service dog.

(2) An application for the issuance or renewal of a dog-in-training certificate must include or be accompanied by, in a form satisfactory to the registrar, written confirmation from the accredited training school referred to in subsection (1) (

a) that the dog referred to in subsection (1) meets or continues to meet, as the case may be, the requirement described in subsection (1) (b).

Retired guide or service dog team certificate

(1) An application for the issuance of a retired guide or service dog team certificate, in respect of an individual and a dog, must include or be accompanied by

(

a) a photograph, in a form satisfactory to the registrar, of the individual who will be identified in the certificate, and

(

b) the guide dog team certificate or service dog team certificate, as the case may be, previously issued under

section 6 of the Act in respect of the individual and the dog.

(2) An application for the renewal of a retired guide or service dog team certificate must include or be accompanied by, in a form satisfactory to the registrar, a photograph of the individual who will be identified in the certificate.

Contact information

7 It is a term and condition of every certificate that the holder of the certificate must, within 30 days after the occurrence, report to the registrar a change in the holder’s name or mailing address.

Guide dog team and service dog team certificates

(1) It is a term and condition of every guide dog team certificate and service dog team certificate issued or renewed under

section 6 of the Act that the holder of the certificate must, within 30 days after the occurrence, report the occurrence of the following to the registrar:

(

a) the dog identified in the certificate retires, dies or becomes permanently disabled;

(

b) the individual or the dog identified in the certificate ceases to meet any of the conditions, qualifications or requirements imposed under the Act or this regulation;

(

c) in the case of a guide dog team certificate, the holder of the certificate does not require the assistance of a guide dog or the dog identified in the certificate is not able to perform the functions of a guide dog;

(

d) in the case of a service dog team certificate, the holder of the certificate does not require the assistance of a service dog or the dog identified in the certificate is not able to perform the functions of a service dog.

(2) It is a term and condition of every guide dog team certificate and service dog team certificate issued or renewed under

section 6 of the Act that, if required by the registrar on written notice to the holder of the certificate, the individual and the dog identified in the certificate must, within the time specified by the registrar, together successfully complete either

(

a) an assessment administered by an accredited training school, or

(

b) a BC guide dog and service dog assessment.

Dog trainer certificates

9 It is a term and condition of every dog trainer certificate issued or renewed under

section 6 of the Act that the holder of the certificate must, within 30 days after the occurrence, report to the registrar that the holder of the dog trainer certificate no longer trains dogs on behalf of the accredited training school referred to in the application for issuance of the certificate.

Dog-in-training certificates

10 It is a term and condition of every dog-in-training certificate issued or renewed under

section 6 of the Act that the holder of the certificate must, within 30 days after the occurrence, report to the registrar that the dog identified in the certificate has been permanently or indefinitely removed from the training program of the accredited training school referred to in the application for issuance of the certificate.

Retired guide or service dog team certificates

11 It is a term and condition of every retired guide or service dog team certificate issued or renewed under

section 6 of the Act that the holder of the certificate must, within 30 days after the occurrence, report to the registrar that the dog identified in the certificate has died or no longer resides with the holder of the certificate.

Part 3 – Cancellation of or Refusal to Renew Certificates

Cancellation or refusal to renew

(1) The registrar may cancel or refuse to renew a guide dog team certificate, a service dog team certificate or a dog-in-training certificate if the registrar is satisfied that the dog identified in the certificate acted or behaved, during the exercise of the right of entry and use specified in

section 2 (1) of the Act, in a manner that threatened the safety of a person or another animal.

(2) The registrar may cancel a dog trainer certificate if the registrar is satisfied that the holder of the dog trainer certificate no longer trains dogs on behalf of the accredited training school referred to in the application for issuance of the certificate.

(3) The registrar may cancel a dog-in-training certificate if the registrar is satisfied that the dog identified in the certificate is permanently or indefinitely removed from the training program of the accredited training school referred to in the application for issuance of the certificate.

(4) The registrar may cancel or refuse to renew a certificate if the registrar is satisfied that false or misleading information was provided to the registrar in support of the issuance of the certificate.

Notice

(1) Before cancelling a certificate under

section 12 of this regulation or

section 7 (1) (a) (

i) or (ii) or (b) (

i) or (iii) of the Act, the registrar must notify in writing the holder of the certificate that the registrar intends to cancel the certificate.

(2) Subsection (1) does not apply if

(

a) the registrar has reasonable grounds to believe that the guide dog, service dog or dog-in-training identified in the certificate poses a risk to the safety of persons or other animals, or

(

b) the holder of the certificate has not complied with

section 7.

Appendix 2

Schedule 1 of the Violation Ticket Administration and Fines Regulation, B.C. Reg. 89/97, is amended

(

a) in item 1B by adding the following paragraphs to Column 2:

(i.01) Guide Dog and Service Dog Act

(m.1) Prevention of Cruelty to Animals Act , and

(

b) in item 13 by striking out everything in Column 2 and substituting the following:

The provisions, referred to in Column 1 of

Schedule 2, of the following enactments:

(

a) Body Armour Control Act and the Body Armour Control Regulation

(

b) Guide Dog and Service Dog Act

(

c) Prevention of Cruelty to Animals Act

(

d) Security Services Act and the Security Services Regulation .

Schedule 2 is amended by adding the following items as indicated:

Provision

Contravention

Fine

Victim

Surcharge

Levy

Ticketed

Amount

Guide Dog and Service Dog Act

section 2 (2) (

Food Premises Regulation

Section 1 (1) of the Food Premises Regulation, B.C. Reg. 210/99, is amended by repealing the definition of “guide animal” .

Section 25 (2) (

a) is amended by striking out “ a guide animal ” and substituting “ a guide dog or a service dog, as defined in the Guide Dog and Service Dog Act , ”.

Legislative Precinct Regulation

Section 7 of the Legislative Precinct Regulation, B.C. Reg. 274/2002, is amended

(

a) in subsection (1) (

a) by striking out “ meters ” and substituting “ metres ” , and

(

b) in subsection (3) by striking out “ a guide animal as defined in the Guide Animal Act ” and substituting “ a guide dog or a service dog, as defined in the Guide Dog and Service Dog Act , ”.

Manufactured Home Park Tenancy Regulation

Section 3 (1) of the

Schedule to the Manufactured Home Park Tenancy Regulation, B.C. Reg. 481/2003, is amended by striking out “ rights and restrictions under the Guide Animal Act ” and substituting “ Guide Dog and Service Dog Act ”.

Pool Regulation

Section 12 of the Pool Regulation, B.C. Reg. 296/2010, is amended by striking out “ a guide animal as defined in the Guide Animal Act ” and substituting “ a guide dog or a service dog, as defined in the Guide Dog and Service Dog Act ”.

Prevention of Cruelty to Animals Regulation

8 The Prevention of Cruelty to Animals Regulation, B.C. Reg. 231/95, is amended by adding the following section:

Prescribed service animals

(1) In this section, “blind person” , “dog trainer” , “dog-in-training” , “dog-in-training team” , “guide dog” , “guide dog team” , “person with a disability” , “service dog” and “service dog team” have the same meaning as in the Guide Dog and Service Dog Act .

(2) An animal is prescribed as a service animal for the purposes of the Act if the animal is used as one of the following:

(

a) as a guide dog by a blind person as part of a guide dog team;

(

b) as a service dog by a person with a disability as part of a service dog team;

(

c) as a dog-in-training by a dog trainer as part of a dog-in-training team.

Residential Tenancy Regulation

Section 3 of the

Schedule to the Residential Tenancy Regulation, B.C. Reg. 477/2003, is amended by striking out “ rights and restrictions under the Guide Animal Act ” and substituting “ Guide Dog and Service Dog Act ”.

Document details

Collection	British Columbia — Gazette
Citation	B.C. Reg. 223/2015
Type	gazette
Volume / chapter	bcgaz2 v58n23 223 2015
Language	en
Format	xml
Source	PROVINCIAL
Identifier	294d6e81ed1864f492366f20cf1b59ee64762b3d

Source file is stored in the law ingest library (xml).